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No. 02-1472
Title:
Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation, Petitioners
v.
Michael O. Leavitt, Secretary of Health and Human Services, et al.
Docketed:April 7, 2003
Lower Ct:United States Court of Appeals for the Tenth Circuit
  Case Nos.:(01-7106)
  Decision Date:November 26, 2002
  Rehearing Denied:January 22, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 3 2003 Petition for writ of certiorari filed. (Response due June 6, 2003)
Apr 30 2003 Order extending time to file response to petition to and including June 6, 2003.
Jun 6 2003 Brief of respondents Tommy G. Thompson, Secretary of Health and Human Services, et al. in opposition filed.
Jun 16 2003 Reply of petitioners Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation filed.
Jun 18 2003 DISTRIBUTED for Conference of September 29, 2003.
Jul 16 2003 Supplemental brief of petitioners Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation filed. (Distributed)
Aug 26 2003 Letter from Solicitor General concerning related case received and distributed.
Sep 17 2003 Letter from counsel for petitioners received and distributed.
Sep 25 2003 Supplemental brief of respondents Tommy G. Thompson, Secretary of Health and Human Services, et al. filed. (Distributed)
Oct 6 2003 DISTRIBUTED for Conference of October 10, 2003.
Jan 5 2004 DISTRIBUTED for Conference of January 9, 2004.
Feb 25 2004 DISTRIBUTED for Conference of March 19, 2004.
Mar 22 2004 Petition GRANTED The case is consolidated with No. 03-853 and a total of one hour is allotted for oral argument.
Apr 27 2004 Extension of time within which to file the joint appendix and petitioners', Cherokee Nation, et al., brief on the merits to and including June 4, 2004.
Jun 17 2004 Brief amici curiae of Tunica-Biloxi Tribe of Louisiana, et al. filed. VIDED.
Jun 18 2004 Brief amici curiae of Chamber of Commerce of the United States, et al. filed. VIDED.
Jun 18 2004 Joint appendix filed. VIDED. (Jt. appendix in two volumes)
Jun 18 2004 Brief amicus curiae of Seldovia Village Tribe filed. VIDED.
Jun 18 2004 Brief of petitioners Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation filed. VIDED.
Jun 18 2004 Brief amicus curiae of National Congress of American Indians filed. VIDED.
Jun 21 2004 Extension of time within which to file respondents' (Thompson, et al.) brief on the merits to and including August 13, 2004.
Aug 11 2004 Further extension of time within which to file respondents' (Thompson, et al.) brief on the merits to and including September 3, 2004.
Aug 19 2004 CIRCULATED.
Sep 1 2004 SET FOR ARGUMENT Tuesday, November 9, 2004.
Sep 3 2004 Brief of respondents Federal Parties filed. VIDED. (Distributed).
Sep 28 2004 Record received from U.S.C.A. - 10th Circuit. (1 box)
Oct 8 2004 Reply of petitioners Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation filed. VIDED. (Distributed)
Oct 12 2004 Record received from U.S.D.C. Eastern Dist. of Oklahoma. (2 boxes)
Oct 27 2004 Letter dated October 27, 2004 received from counsel for the petitioners.VIDED. (Distributed).
Nov 9 2004 Argued. For petitioners: Lloyd B. Miller, Washington, D.C. For respondents: Sri Srinivasan, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Mar 1 2005 Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Scalia, J., filed an opinion concurring in part. Rehnquist, C. J., took no part in the decision of the cases.
Apr 1 2005 JUDGMENT ISSUED.
Apr 12 2005 Acknowledgement of receipt (04/04/05) of judgment from Clerk, United States Court of Appeals for the Tenth Circuit receivef.
Jul 26 2005 Record returned to the U.S. C.A. for 6th Circuit.
Jul 26 2005 Record returned to U.S.D.C. for Eastern District of Oklahoma.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioners:
Lloyd B. Miller Sonosky, Chambers, Sachse, Endreson & Perry, LLP(202) 682-0240
    Counsel of Record1425 K Street, NW
Suite 600
Washington, DC  20005
Party name: Cherokee Nation of Oklahoma and Shoshone-Paiute Tribes of the Duck Valley Reservation
Attorneys for Respondents:
Paul D. Clement Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: Michael O. Leavitt, Secretary of Health and Human Services, et al.
 
Sri Srinivasan Assistant to the Solicitor General(202) 514-2201
Department of Justice
Washington, DC  20530
Party name: Tommy G. Thompson, Secretary of Health and Human Services, et al.
Other:
Edward C. DuMont Wilmer Cutler Pickering Hale and Dorr LLP(202) 663-6000
2445 M Street, NW
Washington, DC  20037
Party name: National Congress of American Indians
 
Ian Heath Gershengorn Jenner & Block LLP(202) 639-6000
601 Thirteenth Street, NW
Suite 1200
Washington, DC  20005
Party name: Chamber of Commerce of the United States, et al.
 
Michael P. Gross M.P. Gross & Associates PC(505) 995-8066
460 St. Michael's Drive
Suite 401
Santa Fe, NM  87505
Party name: Tunica-Biloxi Tribe of Louisiana, et al.
 
Geoffrey D. Strommer 2120 L Street. NW(202) 822-8282
Suite 700
Washington, DC  20037
Party name: Seldovia Village Tribe
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